Original subtitles

Are you sure you're okay to do this?

Mr. Lowe, you're telling me that my son

may be in there.

He was not in a gang.

He was wearing crip colors. Mr. Lowe, I know... I knew

my son.

The jacket was a Christmas present from an uncle.

He was not in a gang.

It is possible he was mistaken for a crip.

Do you know who shot him?

We think so, yes.

Please, get this person.

I'm asking you as his mother.

Please get whoever did this.

I will.

It wasn't me.

I think we should just give a statement, Eleanor.

That is not a good idea, Lester. But if we don't talk, they'll just think he's

guilty. Which I'm not.

What are you going to tell them, Stephen?

That you and Terrence just happened to be driving through at the time? It's the

truth. Why don't you believe me?

Stephen, whether or not I do, you will not be believed by the police. You've

already been involved in two prior drive -bys. I was not involved.

I happened to be in the car, but I had no part in either of them. What about

I got no record.

They're going to think that you're covering for your brother, or even

that you're involved.

But whose side are you on?

Guys, hold on.

At this point, you two are the only suspects.

Specifically you, Stephen.

Now, they don't want to talk to you to see if you can join them in their search

for justice.

They want you to say something incriminating or nail you down to a

they can check out.

As your lawyer, I am telling you both, I am imploring you not to say a

word.

You think I did it?

Once again, I don't know what to believe at this point.

You told them you were in the area because you had a flat, but no flat tire

found in the back of your car. It's because I was scared.

And I just got out as quick as I could.

I knew I was on Crips turf.

I used to be a blood.

Well, Terrence, in his statement, forgot to mention the flat tire.

I also know that ex -gang members don't get the benefit of the doubt.

Your talking is not going to help. So I will advise you one last time

not to.

The Commonwealth versus Frank Vaughn.

Breaking and entering trespassing. Jeff Carlton for the Commonwealth.

His PD's a no -show again.

Ms. Dole, how delightful to see you again.

I'm just filing some papers with your clerk. Step up, Counselor.

Take a moment.

Maybe we can conference this and be done with it.

I'm Lindsay Dole. I'll be representing you. I didn't do anything.

I'll get a trial date set, then we can meet and you can tell me all about...

second, Your Honor.

This complaint doesn't even allege a criminal act.

The door to the home where Mr. Vaughn was found had been open all day. He was

just sitting in the doorway of an empty house. It was private property, and the

lock was broken. I think we can infer that the defendant... We can infer? The

neighbors called the police because they knew Mr. Vaughn didn't belong there.

Hello? According to the incident report, he was arrested only because the police

thought maybe he was on drugs, which he wasn't, according to subsequent tests.

Look, the guy is sitting there in a house. Come on, Mr. Carlton. If that's

you've got, is it?

The charges against Mr. Vaughn are dismissed without prejudice.

Okay, you're free to go.

Not with me.

This way, pal.

I thought you said you knew who did this.

We think we do, but we don't have any real evidence.

We can place the car in the area, but... Were there any witnesses?

Only the brother, and he's not saying anything.

With the gang shootings, the witnesses usually don't come forward.

I told you, my son was not in a gang. I understand that, but the shooter is or

was.

You'll just have to be patient, Ms. Fletcher.

You don't think you're going to get him, do you?

It's still very early in the investigation. Do you think you'll get

Lowe?

Mike, anything?

We combed the area. We haven't been able to scare up anybody who saw anything.

But Stephen Miller's best friend was shot and killed by a crip two weeks ago.

So he had motive.

Where is he now? Both are still in custody, although Eleanor Frutt's all

on that.

All right.

Release him.

Wait until they get home.

I'll get a warrant for Stephen. You can re -arrest him there.

Then you can do a protective search of the house for weapons.

With any luck, you turn up the gun.

Will that justify searching the whole house?

He's a gang member. Other gang members' weapons could be present.

Just do it.

We'll worry about the Fourth Amendment issues later.

Alan, what's going on? You can't keep holding them in perpetuity. We're

releasing your clients, Eleanor. They're free to go.

Really?

He just showed up. With Lindsay's cart.

What's your name, sir?

Frank?

I want to hire you.

Well... Who is he? The court appointment I told you about. You don't need me

anymore, Frank. The charges were dropped.

No, no. I want you to help me find Andrea.

I can pay you. Who's Andrea?

She's my daughter. She's three years old. I had a baby.

She's my daughter.

And she's gone?

Yeah. Lizzie, he's got release papers from Cedar Junction.

And a bus ticket from Walpole dated November 12th.

Frank, have you been in prison?

Yeah. The police lied. They lied to everybody.

Hey, Lizzie, did you page me?

Yes, you got a call from Lester Miller.

Lester? Was there a message?

The police are at his house.

Can you help me find Andrea?

She's my daughter.

Say nothing. Don't say a word. That goes for both of you. I'll meet you down at

the police station.

What the hell is this?

Arrest warrant. Murder for Stephen. Possession of controlled substance for

Tarynx. Where's your search warrant? Exigent circumstances to arrest.

No time.

This arrest is a pretext that you can search his house.

We believe that the older brother committed a murder.

Accordingly... You had him in your custody. Why did you release him? We

not to press charges.

Then we changed our minds.

I'm going to have this kicked so fast.

Do what you got to do, Eleanor.

Why are your men still in there? Both of the suspects are in your custody.

It's a protective sweep of the house for officer safety. You are looking for the

gun. This is prosecutorial misconduct, Alan. Eleanor, why don't you go back to

your office and draft your motion to dismiss? That's what you do.

We'll do what we do, okay? You know what?

If there is a gun, I hope you find it. Because then I can suppress and you can

rest assured it will never come into evidence.

There you go.

What he did was, by bringing the arrest warrant here to your house, he could

arguably look through at least a part of the house without a search warrant,

which he probably couldn't have gotten otherwise.

He was looking for the gun. But they arrested Terrence. I know, but I'm...

Eleanor, Terrence had... He had the right to start scholarship.

He could lose his whole education if he's busted on drugs.

I'm going to be in court at 3 o 'clock. I'm going to try and get that kicked.

They just think we're a gang family, don't they?

We're not a gang family.

We're not.

Unfortunately, we didn't find anything to connect him to the murder, but we did

get some leverage on the younger brother. We'll try to force him to talk.

Brothers don't talk, Mr. Law.

We're doing everything we can.

I wish I could believe that.

See those children?

In addition to now not having an older brother, they don't have a father.

He was killed in a hit -and -run.

The police never caught who did it.

As far as I'm concerned, they never really tried.

I know we're not a priority, Mr. Moe. Miss Fletcher, I give you my

word.

I will do whatever I can.

He served 15 years of a life sentence.

For what?

Rape and murder.

DNA tests just cleared him. They expunged his record. Let him go.

What about... Do we know where he lives?

He's homeless. He's been out of prison a week.

I contacted his trial attorney.

He does have a daughter, Andrea.

Only she's not three.

How old is she? Eighteen.

Got an address on her.

Oh.

The murder and rape Frank was cleared of?

Andrea's mother.

If he had enough evidence to get a search warrant, why didn't he do so

suspect was still in custody? As I explained to Ms. Frutt, we first

press charges and then thought better of that decision.

Yes, choosing to re -arrest him at home where you could conveniently but

illegally conduct a search. Your characterization, not mine. Mr. Lowe,

you suddenly change your mind after the suspect was released?

I first thought we'd wait to collect more evidence, Your Honor.

But then I considered the threat to society, letting him stay at large.

And I decided better to continue the investigation with him in custody.

And what exactly is your evidence that Stephen Miller committed murder?

There's motive.

One of his best friends was murdered in a drive -by by a crypt two weeks ago.

And there's an M .O. Stephen Miller himself is implicated in two previous

-by shootings for which he served time. Two years as an accessory.

And there's opportunity.

Stephen Miller's car was seen speeding from the scene immediately after shots

were heard.

That's it?

That's certainly enough to get an arrest warrant.

I don't like it.

I'll let the charges stand for now.

But if you don't get anything more... Your Honor... You can bring your motion

dismiss down the road, Miss Front. I'll be willing to hear you. But for now, he

stays in custody. No bail.

As for the drug charges against Terrence Miller... There again, you can file a

motion to suppress with juvenile court.

I'm sure they'll hear you on Fourth Amendment grounds.

But for now, those charges also stand.

Terrence is released on personal recognizance.

We'll conference to set up trial dates. Adjourned.

What happens now?

I don't know.

Go someplace and talk?

Miss Stoll, I don't even know him. He's your father. I understand.

But he went to prison when I was three.

And since I thought he killed my mother, I've spent my entire lifetime hating

him. But he didn't kill her. Yes, I realize this.

He can't take care of himself, you know. He's... Retarded?

Yes.

Are you suggesting I take care of him?

You're his only family.

What makes you think I can?

I don't know.

What's he like?

He's very sweet.

That's all I can do.

Would you like to meet him?

Um, well, no, it'd be... No, thank you.

If he testifies against the older brother...

We'll drop the drug charges.

How very big of you.

And all the accessory charges for the murder itself.

Alan, you don't have a case against Stephen Miller, and you know it.

Eleanor, you have a conflict here. I've advised my clients of the conflict,

thank you.

Mr. Miller, you live within two blocks of a school.

That means the drugs we found in Terrence's room, that's possession with

in a school zone.

Mandatory two years.

For half an ounce a pot.

He will lose his Right Start scholarship, guaranteed.

Your son has a future.

Is it worth sacrificing? I'm shutting this down.

We got a bad kid here, and we got a good kid.

You were letting the bad kid take the good kid down. Neither of them are going

down. Your search was bogus, and I will have this arrest tossed within the week.

I don't think you will.

Let's go, Lester.

Did you find her?

Um... No, I didn't, Frank.

I'm not sure I will.

Maybe you could put an ad in the paper.

Let me think about that, okay?

She doesn't want him in her life. What are you going to do?

He can't stay here.

He stayed in his shelter last night and got bullied.

Lindsay, he can't stay here.

I'm going to talk to Helen.

Why? I don't know. Maybe there's some kind of restitution program we're

of. I can give you the answer to that. You don't need to go to Helen.

I'm going to go to Helen.

I don't know what to tell you.

If this were a rich white kid who'd been shot, we would have tripled the

resources.

Because this is gang violence, and we got a poor black victim. Well, I'm not

sure that's the case, Alan, but I'll tell you this. If Stephen Miller took

14 -year -old Crip, he should be thanking you for the arrest.

He's out on the street.

Alan, you got a second?

Do I, Alan?

Yeah. Yeah, thanks.

You know anything about the Frank Vaughn case?

Just cleared through DNA. What about it?

Would you know why he wasn't released into a managed care facility?

Well, from what I understand, he was never officially labeled mentally

Without that, the DOC has no obligation.

What about the fact that he was wrongfully incarcerated for 15 years?

I would think that would trigger some legal obligation.

I'd think it too, but in Massachusetts, it's not the case.

Are you telling me your office feels no responsibility here?

Lindsay, what I know is it's the DA's office that requested the DNA test on

one. So let's not accuse us of not caring, okay?

Any murder, of course, is a tragedy.

We hope to solve them all.

But this one?

A 14 -year -old boy with a bright future ahead of him was killed because he was

wearing a blue jacket.

It appears that the suspect, a member of a gang known as the Bloods, thought

that Brian Fletcher was a crip.

If anybody has any information regarding this crime or the suspect, Stephen

Miller, we ask that you come forward, because right now we're dismissing this

case due to a lack of evidence.

What? At this time, he's deemed innocent and faces no charges.

But do not approach this man. He is considered to be possibly armed and

dangerous.

Simply notify the authorities if you have any information.

Thank you.

Did he just do what I think he did?

We pulled some tactics, but that there was nasty.

How'd you make out?

It didn't.

There's no automatic restitution required in the Commonwealth, at least

without a hard -to -win lawsuit.

How about appealing to your conscience?

Helen, talk about your small target.

Evidently, the district attorney's office is feeling quite good about

since they requested a DNA test.

I wasn't in much of a position to guilt them.

What do you mean they requested a DNA test?

That's what Helen told me.

Well, why would the DA's office ever do that on their own accord?

Did you ask Helen that?

No.

I would.

I think, look.

I found another picture of her in my wallet. It was in a secret place. I

Frank, Andrea doesn't look like this anymore. She's all grown up now.

I know, but won't this help? I bet she still smiles like that.

I was told you never knock.

You just ordered his execution.

I did no such thing. I put out a call for information.

You put his face on the screen and made an announcement that he was a blood who

murdered a crip, and then you free him from custody.

I had no case, just like you said. You set him up to be killed. You issued a

death sentence, and it's vile.

Tantamount to a death sentence, perhaps, but again, not my intent.

I'll grant you, looking at the circumstances the way they are now, your

is safer in jail than he is out. So let's make a deal, and I'll do my best

swiftly get him into protective custody.

I am going to go to the judge and report this little act of extortion.

And if anything happens to Stephen Miller, I will personally see to it that

murder accessory charges are brought against you. Fine.

Go to the judge.

And on your way home, Perhaps you can swing by the morgue and take a look at

Brian Fletcher.

The DA's office ordered investigations and some DNA tests in 43 different cases

involving a bad police officer. What? In Frank's case, the cop lied on the

stand. And he allegedly corrupted an eyewitness whose husband was in jail.

Whose husband?

A prosecution witness. I mean, basically, this rogue cop coerced

lying. All his cases are under review.

Bobby, I'd like to bring a civil rights action against the state.

Lindsay. Have you seen those homeless shelters?

Frank deserves to get some money. False imprisonment for 15 years?

That'll take years and discovery.

Even if you survive a summary judgment... I have to be able to get

Rebecca, could you start filing the complaint for me? Sure.

Look, Lindsay... Let me spend one day on it.

One day.

He's trying to coerce my client with the threat of death.

Mr. Lowe?

Ms. Frutt's client is a gang member. Ex -gang member. His car was seen speeding

from the scene. I was putting out a call for information, which I am entitled to

do. You declared him a killer on television. I called him the suspect.

Mr. Lowe, you're beginning to get a reputation.

Great. Maybe the defense lawyers will be more inclined to plea bargain.

No, it's not great.

Your reputation is anything but great.

But, Ms. Frutt, technically he hasn't stepped outside of the boundaries here.

I would like the court to put my client into protective custody. That's a DA's

call, and I'm not asking for that. To remove the coercion, I need my client

safe. Your Honor, if we're going to put every suspect into protective custody...

How about just the ones who have televised bounties on their head? I'm

putting him in protective custody, counsel.

Why not?

Because you haven't shown me any tangible threat. When you get one, let

We're talking about gangs. The first warning is often a bullet to the head.

If you get a threat, bring it to me.

Until then, I can't do anything.

Why do you need me?

I don't technically, but, well, you know, you might have a claim too,

You lost your father. They took him from you. He's not my dad.

He's my biological father.

And how does it help him if I sue?

You don't have to sue, but if I had you on board as a witness... A witness to

what?

To what he lost.

You're all he's thought about for 15 years.

I don't need this. I'm sorry.

I'm here because of what he needs. I'm going to have to ask you to leave now.

I don't understand why you don't want to meet him.

Oh, you don't understand that.

I guess that means you can otherwise understand my life, Miss Dole.

My very first memory was finding my mother dead.

I thought she would just play acting.

I was crawling on her, laughing, like it was all a game until... I've

lived in seven different foster homes.

I'm sorry you don't understand things.

But let me see if I can get you to understand this.

My life, for the first time...

Is moving forward.

It's even normal.

I've got a job, a boyfriend, I...

You're in here...

Asking me to go backwards to a place...

I can't do it.

And it's not... That I don't want a father.

I've wanted nothing more.

But I can't do it.

I can't.

I don't know what else to tell you.

It isn't good.

They're not even looking for anybody else.

I've never put the question to you before, Lester.

Did Stephen do this?

Obviously you think he did.

His best friend was killed.

He's seen speeding from the scene. He's been involved in two drive -bys before.

I would be lying to you if I told you I didn't have some doubts.

Given everything we're up against, this may be the time to consider a deal.

Add to the mix the DA setting him up. Stephen is probably safer in jail.

I can get the drug charges dropped on Terrence.

I hate to let the DA win on this, but there are other things I am more afraid

of.

You're asking me to advise my son to plead guilty to a murder he

didn't commit.

I have to go to court?

It's possible, but... But I didn't do anything.

I didn't do anything.

Okay. Don't make me go to court. Frank, Frank, listen.

You don't have to go to jail.

This isn't about that.

This is about getting the state to pay you money for putting you in prison

before. But I didn't do anything before. I know that. Please don't make me go to

court. Please don't make me. Please. Okay.

We won't.

They think I killed her, you know?

No, no, they don't think that anymore.

Everybody knows you didn't do anything wrong.

Does Andrea know?

We need to find her to tell her.

I did find her, Frank.

You did?

She wishes you well.

And, um... She told me to tell you she loves you.

Is she coming over?

No.

Her life has been very difficult.

It's going well now, but she thinks it's best if she doesn't see you just yet.

Why?

Well...

It's complicated. She still thinks I did what they say I did.

No, no, she doesn't think you did anything wrong.

Then why doesn't she want to come over?

Well, maybe in time she will.

But for now... Hey, let's look at what is good here.

Lindsay is going to take this complaint to the Attorney General's office, and

we're going to file our claim, and hopefully we're going to get you money

can get a place to live.

You won't have to sleep at the shelter.

Isn't that great?

One day she will come over.

I don't need a lecture, Helen.

I think you do.

At least to all from you.

The way you are behaving, your opinion doesn't much matter to me.

Well, nor yours to me.

So? So fine, but considering mine reflects an office consensus, you might

to listen for the fun of it.

Look,

you've gone too far.

Busting the younger brother for leverage.

Calling a press conference for the purpose of creating a death threat. I

promise to Brian Fletcher's mother that I... This isn't about keeping promises.

You've never played hardball before. Nor is this hardball. It goes beyond that.

You came to me asking for advice. Now I am giving it to you.

Your integrity is at stake.

The integrity of this office is at stake.

Mr. Lowe?

I'm Lance Miller.

Stephen's brother?

What can I do for you?

I did it.

I shot that kid.

I have a friend. His name's Billy.

I was going to see him.

That's why I was there.

You went to see your friend Billy?

Yes. Two miles from your house, you walked.

Yes. With a gun.

I was going to show Billy the gun.

Where'd you get the gun?

I found it.

Where? In a ditch behind the projects.

So I was going to show Billy.

And that kid.

He started punking me.

The Fletcher boy?

Yeah. He was going to beat me up and stuff.

And I got scared.

So I shot him.

What kind of gun was it, Lance?

A handgun.

What's going on?

Eleanor.

You know Lance Miller?

Of course I know him. What are you doing here, Lance?

He just confessed to killing Brian Fletcher.

Excuse me?

That's why we called you.

Give me a second.

Lance, will you come with me?

Now, if Steven isn't the shooter...

Why would his kid brother be down here trying to save him?

I'm not defending the policeman.

I'm just saying. We don't know for sure he lied in Frank Vaughn's case.

He's known to lie.

DNA cleared Frank Vaughn. The likelihood is this cop is responsible.

Obviously, I'm not about to comment on the merits.

You haven't even filed your complaint yet. My client isn't looking to win a

lottery here, Mr. Jenkins.

All I'm asking for is to make sure he's taken care of.

I want to establish a trust. I want temporary housing and a private group

I don't have authority to do that. You have the authority to make the

recommendation.

Look, the liability on this isn't in question here.

We both know it.

Frank Vaughn is mentally handicapped.

I'm just asking that we not drag this out. I'm giving you the chance to settle

this quickly and cheaply. I know you don't want this in the hands of a jury.

Let's just do something here.

Because it's the right thing to do.

All right.

He didn't shoot the Fletcher boy. He decided to confess to it since... Look,

figured since he was 10, the punishment would be less for him than Stephen.

Well, that's very astute, Eleanor. Whose idea was it? He says it was his, and I

believe him, Helen.

Lester would have never sent down a ten -year -old to fall in a grenade.

Well, then why would he... He was just convinced that Stephen was going to get

arrested for it. He's scared, Helen.

That's all.

His father's home crying. He's got two brothers.

He just got scared.

Where is he now?

He's right outside.

Could you bring him in, please?

Lance?

Michael, place the boy under arrest for murder, please, and transport him to

juvenile court.

What? Read him his rights. For God's sake, you know he made it all up. You

Mr. Miller that if he has any information on this crime, he should

Otherwise, a 10 -year -old will be indicted as a youthful offender. First

all, any confession you got, he's 10 years old, without counsel present. That

confession is not custodial. He just walked in and announced that he did it.

State of mind. You can try to suppress it if you want, Eleanor, but he will be

indicted. Read him his rights, detective.

Detective. Lance Miller, you're under arrest for the murder of Brian Fletcher.

You have the right to remain silent.

Anything you say can and will be used against you in a court of law.

You have the right to an attorney. If you cannot afford one, one will be

appointed to you.

There's a lot of details to still work out. We haven't agreed on how much

But in the meantime, we have a place for you to live.

And soon you'll be able to move to an even better place.

And you'll have enough money for rent, groceries.

We can move you into your temporary housing today.

And Andrea, can she come?

Frank, I told you.

Andrea's not coming.

We explained this, remember?

You lied to me.

I didn't lie. You said you did not find her when you did. Well... And now I

don't believe you when you say she won't come. Why would I say that? You lied.

The police lied before and you're lying now.

Nobody wants me to be with her because I am retarded.

You think that I am bad for her because I'm retarded.

You think that I will hurt her. That is not the case. Where is she then? Tell me

where she is. I can't really do that. But why?

I promised her I wouldn't.

This is just too painful for her, Frank. She needs time to adjust.

The only thing that I ever did was make a baby.

A beautiful, beautiful baby.

Why can't I be with her?

Maybe in time.

Let's get you to your new home, okay?

I really think you're going to like it.

Okay.

Don't tell me this isn't your case, Helen. You've seen enough firsthand to

in. I can't just step in, even if... You're using this to turn the screw, and

an officer of the court, you have an obligation to report him. For what? Bad

faith. Even Richard Bay, when it pulled this kind of crap, you have to step in.

Eleanor Frett.

What?

When? Stephen Miller was just stabbed.

He's in surgery at Brigham's.

They think he's going to be okay.

Was it a retaliation hit?

No.

It was one of the Bloods, the gang he used to be in.

I don't understand.

His name is Leonard Stewart.

He's also the one who shot the Fletcher boy, Mr. Lowe.

He evidently thought that Stephen would eventually find out that it was him.

and that Stephen would turn him in to save himself.

So he decided he tried to shut Stephen up for good.

Come on.

Come on. The doctor says you can come in now. Come on. Come on.

Feeling pretty good, Alan?

Are you?

I take my cues from defense attorneys, Eleanor.

They come to me saying one of two things.

My client's innocent, or you got no case.

You were telling me that I had no case.

Your bathroom is nicer than mine.

It's really all mine.

You don't own the apartment, but it's all yours to use.

Eventually, you'll probably move to another place, which will also be yours,

for now... Have you lived alone before?

Oh, yes, before the police took me, but this is so much nicer

than... I,

that...

Andrea? How... How are you?

I am good.

How are you?

I'm great.

You're so beautiful.

She is so beautiful.

Listen.

All these years.

They lied to you.

Yeah.

I've always wanted to meet you.

I have missed you so, so much.

I do not want to let go.

Okay.

Miss Fletcher.

You just arrested the man who killed my son.

Not the man you were after.

But... I know it never would have come about if you had not pushed the way you

did.

You kept your promise, Mr. Lowe.

Thank you.

You're a man of your word.